Section 10.06. Dealer and departmental procedures for reviewing handgun transfers.

 

(1)   Dealer responsibilities. To request an approval number, a dealer shall do each of the following in the sequence listed:

(a) Require identification. A dealer shall require each handgun transferee to show the dealer, for the dealer's inspection, a reliable identification document. The identification document shall include a photograph of the transferee.

(b) Inspect identification. A dealer shall carefully inspect the identification document, including the photograph shown by a transferee under par. (a) , and shall ensure that it accurately and reliably identifies the transferee as the person the transferee claims to be.

(c) Require transferee to complete notification form.

1. A dealer shall require each transferee to complete an official notification form obtained from the department. The transferee shall fully and truthfully complete the form in triplicate. The dealer shall provide one copy of the completed form to the transferee when the handgun is transferred to the transferee or when notification of nonapproval is given to the transferee. Within 24 hours after the dealer receives departmental notification that the handgun transfer for which the form was completed is either approved or not approved, the dealer shall mail one copy of the completed form to the department. The dealer shall retain the completed original form as required under s. Jus 10.10 (1) (a) . Each form shall have a form number placed on it by the department and shall require all the following information about the transferee:

a. Legal name and any alias or other name used at any time,

b. Birth date,

c. Gender,

d. Race,

e. Social security number,

f. Current address, and

g. Other information reasonably required by the department to ensure a reliable record search and to ensure the required notification under this paragraph.

2. If a transferee cannot read or write, a notification form may be completed on the transferee's behalf by a competent person other than the dealer or any officer, employee or agent of the dealer. The person completing the form shall do so in accordance with this paragraph and with the instructions on the form and shall do so in the presence of and after careful consultation with the transferee to ensure that each notification form answer is truthful and complete. After a person completes a notification form on behalf of a transferee, the dealer shall question the transferee to ensure that the form is truthfully and fully completed and shall then obtain the transferee's signature on the form. If the transferee cannot write, the dealer shall obtain the transferee's mark in the signature space on the form or shall obtain the transferee's name written by another person in the presence of and at the request of the transferee.

(d) Call department. After a transferee truthfully completes the notification form in its entirety as required under par. (c) , the dealer shall telephone the department using the toll-free telephone number designated by the department for that purpose. During the call, the dealer shall request a record search and shall convey to the department, as required by the department under sub. (2) (a) , the material information shown on the notification form completed by the transferee in accordance with par. (c) .

(2)   Department responsibilities. When the department receives a record search request under sub. (1) (d) , the department shall do the following in the sequence listed:

(a) Issue approval number or confirmation number. During the telephone call received under sub. (1) (d) , the department shall proceed as follows:

1. The department shall first obtain from the caller and shall then record for department use the calling dealer's dealer identification number and the notification form number on the form about which the telephone call is made under sub. (1) (d) . The department shall use those numbers to verify the authenticity of the call. If the department determines that the call is authentic, the department shall proceed as appropriate under subd. 2. If the department determines that the call is not authentic, the department shall so inform the caller and shall end the telephone call without proceeding further under this subsection.

2. The department, in accordance with sub. (1) (d) , shall obtain from the caller the notification form information needed to search the record and, if possible, shall conduct an initial search and proceed as follows during the telephone call:

a. If the initial search shows that transferring a handgun to the transferee is allowed under s. 941.29 , Stats., the department shall approve the transfer and shall provide the dealer a confirmation number confirming that the department received the telephone call required under sub. (1) (d) and shall provide the dealer an approval number; or

b. If an initial search is not possible or if the initial search shows that transferring a handgun to the transferee is prohibited by s. 941.29 , Stats., or if the search is inconclusive on whether the transferee is prohibited by s. 941.29 , Stats., the department shall not approve the transfer and shall instead provide the dealer a confirmation number confirming that the department received the telephone call required under sub. (1) (d) .

(b) Search records. If the department has issued a confirmation number under par. (a) 2. b. , the department shall, as soon as reasonably practicable, complete its search of the record to determine whether the transferee is subject to any of the prohibitions under s. 941.29 , Stats.

(c) Notify dealer of search results. If infeasible during the telephone call required under sub. (1) (d) , then as soon after the call as reasonably possible and in no event more than 48 hours after the dealer receives a confirmation number under par. (a) 2. b. , the department shall notify the dealer by telephone of the results of its record search performed under par. (b) . In notifying the dealer, the department shall proceed as follows:

1. If the search shows that transferring a handgun to the transferee is allowed under s. 941.29 , Stats., the department shall approve the transfer and provide the dealer an approval number;

2. If the search shows that transferring a handgun to the transferee is prohibited by s. 941.29 , Stats., the department shall not approve the transfer and shall provide the dealer a nonapproval number; or

3. If the search shows a felony arrest of the transferee but shows no recorded disposition of that arrest or if the search shows an out-of-state criminal conviction but fails to show whether that conviction would be a felony in Wisconsin, the department shall, as soon as reasonably practicable within the 48 hours described in par. (c) (intro.) , notify the dealer by telephone that a three working-day extension of time, as allowed under par. (d) 1. , is required for the department to complete its record search.

(d) Extension of time for search.

1. The extension of time allowed under par. (c) 3. shall extend until midnight of the third complete working day following the day on which the department makes a finding under that subdivision.

2. During the extension under subd. 1. , the department shall take all reasonable steps required to determine the disposition of any identified felony arrest of the transferee and to determine whether an out-of-state criminal conviction would be a felony in Wisconsin.

3. As soon as practicable and no later than the end of the extension under subd. 1. , the department shall notify the dealer by telephone of the results of its extended search. In notifying the dealer, the department shall proceed as follows:

a. If the extended search shows that transferring a handgun to the transferee is allowed under s. 941.29 , Stats., the department shall approve the transfer and provide the dealer an approval number;

b. If the extended search shows that transferring a handgun to the transferee is prohibited by s. 941.29 , Stats., the department shall not approve the transfer and shall provide the dealer a nonapproval number;

c. If the extended search shows a felony arrest of the transferee but shows no recorded disposition of that arrest or if the department cannot reasonably determine whether an out-of-state conviction would be a felony in Wisconsin, the department shall provide the dealer a nonapproval number; or

d. If the extended search shows that a felony arrest is still awaiting disposition, the department shall not provide the dealer a nonapproval number under subpar. c but shall instead approve the transfer and provide the dealer an approval number.

History: Cr. Register, November, 1991, No. 431 , eff. 12-1-91.

Note

A motor vehicle operator's license or state issued identification card when those documents include the licensee or card holder's photograph are examples of reliable identification documents. See, e.g., ss. 343.17 (3) (a) 2. and 343.50 (3) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 A copy of the notification form required by the department is attached to this chapter as appendix II. A dealer may request copies of the required notification form from the address noted in the note following s. Jus 10.04 (1) . Microsoft Windows NT 6.1.7601 Service Pack 1 Under s. 941.29 , Stats., it is a felony for persons in the following categories to possess a firearm: (a) persons convicted of a felony in Wisconsin, (b) persons convicted of a crime elsewhere that would be a felony if committed in Wisconsin, (c) persons found not guilty of a felony in Wisconsin by reason of mental disease or defect, and (d) persons found not guilty of or not responsible for a crime elsewhere that would be a felony in Wisconsin by reason of insanity or mental disease, defect or illness. Microsoft Windows NT 6.1.7601 Service Pack 1